CHAPTER 2CITY ADMINISTRATION

The position of the City Manager of the City of Oakley is hereby created and established pursuant to Government Code Section 34851. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications and shall hold the position at the pleasure of the City Council.

The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Oakley.

Within 30 days after appointment, the City Manager shall recommend for Council approval one of the officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. The approval of the City Council and the appointment by the City Council of an Acting City Manager shall be recorded in the minutes. In case of the absence or disability of the City Manager and failure to choose an Acting City Manager, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of said City Manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed unless the person is covered by the City’s blanket bond.

The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties with approval of the Council.

The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the Manager’s control. In addition to general powers as administrative head, and not as a limitation thereon, the City Manager shall have the duties and powers set forth below.

a. Law Enforcement. It shall be the duty of the City Manager to enforce or cause to be enforced all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.

b. Authority over Employees. It shall be the duty of the City Manager, and the City Manager shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under the City Manager’s jurisdiction through their department heads.

c. Appointment and Removal of City Officers. It shall be the duty of the City Manager pursuant to Government Code Section 34856 to appoint and remove all officers and department heads, including the City Clerk and City Treasurer, but excluding the City Attorney. The City Manager shall either approve the appointment, removal, promotion or demotion of all other City employees or authorize department heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council.

d. Negotiation for City Service Contracts. It shall be the duty of the City Manager to negotiate all contracts for services for which the City has a service responsibility to its residents and desires to provide such service by contract. The contract shall be approved by the City Council. After the Council approves the contract, it shall be the duty of the City Manager to administer the contract and determine that its provisions are carried out. The City Manager shall report to the Council at such times as the Council may direct on the performance of the service provider.

e. Administrative Reorganization. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of services, offices, positions or units under the City Manager’s direction as may be indicated in the interest of efficient, effective and economical conduct of the City’s business.

f. Recommendation of Ordinances and Measures to City Council. It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as deemed necessary.

g. Change Orders. The City Manager or designee is hereby authorized to negotiate and execute capital projects and professional service change orders on behalf of the City in an amount not to exceed ten percent (10%) of the total contract award for a project, or $50,000, whichever amount is greater. The City Manager may also approve change orders where the change order in question would be in the form of a deductive change order (or credit), thereby reducing the contract amount. In the event of an emergency, the City Manager may approve change orders that have a cost exceeding ten percent (10%) of the total contract or $50,000, with the requirement that written notification of the emergency change order be provided to the City Council within twenty-four (24) hours of the approval, and that formal review of the approval is conducted by the City Council at its next regularly scheduled meeting. The authority contained in this subsection does not extend to any change order in excess of the remaining balance for contingencies and/or the remaining budgeted amount for the entire project.

a. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused there from by the Mayor individually or the City Council.

b. Preparation of Financial Reports to City Council. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.

c. Preparation of City Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

d. Purchasing and Expenditure Control. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or authorized representative. The City Manager, or authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.

e. Investigation of City Affairs and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City.

f. Supervision of Public Property. It shall be the duty of the City Manager to exercise general supervision over all public property which is under the control and jurisdiction of the City Council.

g. Duties Delegated by City Council. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or other official action of the City Council.

a. Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council, and no individual councilmember shall give any orders or instructions to the City Manager.

b. Department Cooperation. It shall be the duty of all subordinate officers to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

c. Attendance at Commission Meetings. The City Manager may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the City Council. At such meetings, the City Manager shall be heard by such commissions, boards or committees as to all matters the City Manager wishes to address to the members thereof, and inform the members as to the status of the matter being considered by the City Council. The City Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

Nothing in this section shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this section.

There is hereby created in the government of the City of Oakley a Police Department for the protection of public safety, enforcement of laws and the performance of other duties as specified by the City Council and the City Manager.

The City Manager shall appoint the Police Chief, who shall serve at the pleasure of the City Manager. The Police Chief shall have operational control over the Department, although the City Manager shall be deemed the Hiring Authority for all of the employees of the Department. The Police Chief shall have all of the powers and duties specified in Government Code Sections 41601 through 41611, and successor legislation, except that financial accounting of receipts shall be made by the Finance Director. The Police Chief shall also have the authority to promulgate rules, regulations and policies for the operation of the Department.

The number of sworn and nonsworn members and employees of the Department shall be determined by the City Council in the budget adoption process. Sworn peace officers shall have all the powers that are authorized by State law, including arrest and ability to issue citations, and shall be subject to all requirements imposed upon sworn peace officers established by State law. Sworn officers also have the authority to issue administrative citations for the violation of City ordinances.

Code reviser’s note: Section 5 of Ordinance 06-15 reads: "Although this Ordinance shall become effective as stated above, it shall not become operative until the termination of the police services contract between the City and Contra Costa County, whereupon it shall become operative immediately. Prior to this Ordinance becoming operative, the City Manager shall have the authority, if funds have been appropriated for such purpose by the City Council, to appoint a provisional Police Chief and other members of the Department, who shall have the duty to plan, organize, recruit, and otherwise prepare for the implementation of the City police department and who shall assume the regular duties of their positions once this Ordinance becomes operative."